G. Additional Terms of this Agreement
1. The Storage provided by this Agreement shall be for use of SPACE ONLY and at the sole risk of the Owner. Owner hereby releases Company of all liability for theft or damage of any kind to the Stored Item(s), contents, gear, or equipment and any other property of Owner whatsoever, whether or not such loss or damage shall have been caused by the fault or negligence of Company or of any employees, agents, licensees or invitees of Company.
2. Company shall not be responsible for injuries to persons or property occurring on any part of the premises or for any reason whether herein specifically stated or not.
3. Term. Company is to provide storage for the Stored Item(s) in that manner and for that term indicated in Paragraph C. on Page 1 hereof, commencing on the date listed in Paragraph C Question 1. Next period storage fees will be charged for Stored Item(s) not removed by the termination date of the storage period listed in Paragraph C. above.
4. Signed Agreement. Under no circumstances will Owner's Stored Item(s) be accepted until this Agreement is signed and accepted by Company. No refund or rebate of the reservation fee will be allowed if this Agreement is cancelled for any reason prior to the expiration of its term. Prompt return of this Agreement with the reservation fee will better insure Owner of storage space. However, the tender of this proposal to Company does not guarantee storage space unless the Agreement is signed and accepted by Company
5. No Smoking. No smoking is allowed in storage buildings or elsewhere on the storage grounds.
6. Flammable Material. Owner understands and agrees that for Owner's protection and the protection of others, Company reserves the right, but not the obligation, to remove any paints, thinners, solvents, LP gas cylinders, alcohol containers, kerosene containers, oily rags and other items of a combustible nature from the Stored Item(s).
7. Outside Contractors and Access to Storage Area. Outside contractors hired by Owner to work on the Stored Item(s) will only be allowed within the storage area after making prior arrangements with the Company. Contractor may be admitted to Storage Area only by Company personnel based on prior scheduling and Owner is prohibited from disclosure to contractor the codes for access gate or entry doors. Should Company supervision be required for safety or security reasons, Owner shall be billed at Company rate for Company personnel required to be on site. To adequately provide proper security, any contractor that is not known to Company and has not been properly identified by the Owner will be denied access to the storage area. Any repair or maintenance work (including sanding, grinding or painting) must receive prior approval from Company. If tenting is required, the tenting must be inspected and approved by management before any repair or maintenance work can commence. Any damage or harm caused to an adjacent Stored Item(s) as a result of these repairs or maintenance work shall be the sole liability of the Owner who contracted for the above-mentioned work and all expenses to repair the adjacent Stored Item(s) shall be the obligation of Owner.
No outside contractors shall be allowed to come onto the premises of the Storage Area to perform work or services on the Stored Item(s) without written proof of liability insurance, including, but not limited to, products liability insurance; personal injury insurance; and other property damage insurance; covering themselves, Company, the Owner and any other person or persons on the premises of the Storage Area and their property at the Storage Area. Any outside contractor who enters the Storage Area to perform work on the Stored Item(s) must abide by all rules and regulations set forth by Company.
8. Owner's Contractors. Owner agrees to indemnify and hold harmless Company from any personal injury or property damage or any liability, losses, damages, or expenses caused in conjunction with work performed by contractors hired by Owner during the term of this Agreement.
9. Stored Item(s) for Sale. This Agreement is not assignable without the written consent of Company. Owner agrees to give Company written notice of any sale or other transfer prior to conveyance of the Stored Item(s), stating in full the new Owner's name, address and telephone number and the terms of any charges accrued against the Stored Item(s). Owner will not be allowed to post "For Sale" signs on the Stored Item(s) while the Stored Item(s) is/are on Company property without the written consent of Company.
10. Access and Insurance. The Stored Item(s) will not be shown to others, nor will others be allowed on the Stored Item(s), unless expressly requested by Owner. Owner understands and agrees that Company attempts to maintain strict security at all times and does not permit its customers or other persons access, unless satisfactorily identified, and then only in accordance with rules and procedures. For security purposes, Owner agrees not to release access codes required for access to the Storage Facilities to any other party. Company assumes no responsibility for pilferage or damage by reason of vandalism. Owner further agrees that, to the fullest extent permitted by law, Company shall not be liable for loss or damage to the Stored Item(s) from any cause whatsoever except as otherwise specifically set forth in this Agreement. Owner understands that Company does not carry insurance on the Stored Item(s) and agrees that Owner shall fully insure the Stored Item(s) and shall provide proof of insurance to Company promptly upon request. Any such policy of insurance shall contain a provision waiving the insurance carrier's right of subrogation of claims against Company.
Owner also agrees, to the fullest extent permitted by law, to indemnify and hold harmless Company from any property damage or any other liability, loss, damage or expense to the Stored Item(s) from any uninsured cause. Owner understands that Company is relying on the provision of this paragraph and, to the fullest extent permitted by law, Owner shall indemnify Company against and hold Company harmless from any liability, loss, damage or expense suffered by as a result of any failure of Owner to maintain the insurance as required by this Agreement.
11. Maintenance, Cleaning and Extended Hours. Owner understands and agrees that should the building or general premises be kept open after the normal working hours, or should Company find it appropriate to clean up any litter, debris, dirt or mess resulting from work done by or for Owner, Company shall bill Owner for the cleanup work.
12. Liabilities. Owner acknowledges that Company does not have exclusive control or possession of Owner's Stored Item(s) and that while in storage, this Agreement does not establish a bailment of said Stored Item(s) by Company. Owner understands and agrees that Company makes no warranty with regard to any ladders, walks, ramps, equipment or gear on its premises which Owner may borrow or use. Owner, on Owner's own behalf, and on behalf of all members of Owner's immediate family, guests, employees, agents and contractors, does hereby release and forever discharge Company and its agents, employees and affiliated individuals from any and all claims, damages or any causes of action of whatsoever kind or nature which may result from any accident or other occurrence while those individuals are upon the premises of Company or arising from the services of Company performed under this Agreement. Owner understands and agrees that Company assumes no responsibility and shall not be liable for any injuries to the Owner, members of Owner's family, agents, employees, invitees or licensees while those individuals are on Company's premises. Owner agrees to indemnify and hold Company harmless from all losses, damages, liabilities and expenses which may arise or be claimed against Company for any injuries or damages to the person or property of any person, firm or corporation, as a consequence of or arising from the use or occupancy of the premises by Owner, or as a consequence of or arising from any acts, omissions, neglect or fault of Owner's agents, servants, employees, contractors, licensees, customers, family members or invitees, or as a consequence upon or arising from Owner's failure to comply with any relevant state, county and municipal laws, statutes, ordinances or regulations.
13. Rules and Regulations. Owner agrees to obey all rules, regulations and procedures as may be posted on Company's premises from time to time. Owner, and any invitees of Owner, on the Company property shall be prohibited to adjust or touch any heater, fans, or equipment on the storage facility or any equipment on the facility or adjacent farm property.
14. Removal. Removal of Owner's Stored Item(s) from storage by a third party will require a written consent from the Owner. Owner agrees to pay Company labor price at the then current rate for labor in connection with removing or relocating any Stored Item(s) from the Storage Facility, if done during off-season or prior to the agreed-upon Launching date in order for Owner to gain access to Owner's Stored Item(s). No Stored Item(s) will be removed from storage until all sums owed by Owner to Company under this Agreement including, without limitation, all current charges for storage have been paid in full. Company shall have a possessory lien on the Stored Item(s) to secure the payment of such sums, which lien the Owner hereby authorizes and grants.
15. Modification. Owner and Company agree that no modifications of this Agreement will be binding unless the modifications are in writing and signed by both parties.
16. Notice. Any notice to be given pursuant to this Agreement shall be in writing and be sent by mail with postage prepaid to the party to be notified at the address set forth above and any notice shall be deemed to have been given on the date following the date it is mailed.
17. Governing Law and Venue. Any disputes arising under the terms of the Agreement shall be settled pursuant to the laws of the State of Indiana. Venue for any disputes shall lie in Dubois County, Indiana.
18. Successors and Assigns. The benefits and burdens of this Agreement shall inure to the parties and their successors and permitted assigns. Company may assign its interest under this Agreement. The Owner's interest shall not be assignable or subject to any sublease arrangements.